§ 18-361. Blasting permit issuance; standard permit conditions.

(a)

Blasting permit required. It is unlawful to conduct development blasting activity, including test blasting, within the unincorporated area of Cobb County without a valid blasting permit issued in accordance with this article and in accordance with Chapter 120-3-10 of the Rules and Regulations of the Safety Fire Commissioner of Georgia and per O.C.G.A. §§ 25-2-4, 25-2-17 and 25-8-9. Blasting without a permit shall constitute a violation of section 18-367(a) and shall be subject to the penalties described in that section.

(b)

Right to permit approval. Issuance of a blasting permit is a privilege and not a right. The board of commissioners may prohibit development blasting by imposing a condition in a zoning stipulation or otherwise by adopting an ordinance. An applicant's ability to comply with the criteria and conditions set forth in this chapter does not override the board's action to prohibit development blasting at a particular location.

Blasting permit applications will be reviewed by the director. County staff may prepare a written recommendation, including proposed permit conditions, to accompany the permit application as part of the package provided to the director for action on the permit application. The conditions set forth in this article will be considered the minimum conditions applicable to blasting permit approval.

As part of the permit review process, the director will consider, at minimum, the compatibility of the proposed blasting activity with the surrounding community, and the proximity of schools, churches, health care facilities and public infrastructure facilities to the blast site. A blasting permit may be denied if the director believes approval of the proposed blasting activity is not in the best interest of the public health, safety and welfare of County citizens. Denial of a blasting permit application will include a written explanation for the denial.

(c)

Permit denial. The Department of Transportation, Cobb County Water System, or an entity holding a utility franchise within the area affected by the proposed blasting activity has the right to request denial of a blasting permit application in order to afford reasonable protection of public infrastructure or facilities. The reason for the request for denial must be specifically stated in writing.

(d)

Standard conditions. The following provisions constitute the standard conditions applicable to development blasting permits:

(1)

County staff has the right to enter upon the property and complete all necessary inspections related to the blasting activity or in response to complaints resulting from the blasting activity.

(2)

Hours of blasting activity: 10:00 a.m. through 4:00 p.m., Monday through Friday. No weekends, no state holidays, and no federal holidays.

(3)

The permit is issued to the user identified in the application and allows the blaster identified in the application to conduct the blasting activity. If the blaster identified in the application changes subsequent to the application submittal or after the permit is issued, then the user must notify the County as to the name, address, contact information and registration requirements of the replacement blaster prior to detonation of blasts by the replacement blaster.

(4)

The responsible user, blaster and engineer or engineer's designee, identified in the permit application, must be on site during all phases of the physical blast preparation (drilling holes, etc.) and detonation activity.

(5)

Where required by the director, no detonation of explosives (blasting) may occur without appropriate county staff on site.

(6)

Notice of the exact blast time and date must be provided to the Cobb County Department of Public Safety one hour prior to the blast.

(7)

A blasting permit is issued to the user and is not transferable.

(8)

A record of each blast must be maintained in accordance with Chapter 120-3-10 of the Rules and Regulations of the Safety Fire Commissioner of Georgia and per O.C.G.A. §§ 25-2-4, 25-2-17 and 25-8-9. Records shall be made available to the director upon request.

(9)

A permit is valid for 90 days from date of issuance, unless otherwise specifically stated on the face of the permit. Permit extensions are allowed as determined by the director.

(10)

Issuance of the blasting permit does not relieve the applicant, the user, the blaster or the developer of responsibility for the results of the blasting activity, including the accuracy and adequacy of the blasting plan as implemented in the field.

(11)

The developer is responsible for handling, discharging or settling all damage or annoyance claims resulting from the blasting activity.

(12)

The applicant may be required to execute an escrow agreement and fund a cash escrow account prior to issuance of the blasting permit. The sole purpose of this escrow agreement is to compensate property owners for damage (cosmetic or structural) to their property resulting from the blasting activity. Cobb County will be the escrow agent. Disbursements from the escrow account will be made by the county based upon the decision of the arbiter as a result of binding arbitration proceedings. The applicant is solely responsible for the costs associated with the arbitration proceedings.

(13)

The issuance of the blasting permit is an administrative process designed to make the proper entities aware of the blasting activities and verify qualifications of the applicant.

(Ord. of 2-27-07; Amd. of 2-24-15; Amd. of 2-23-16)